People ex rel. Santangelo v. Tutuska

This is a habeas' corpus proceeding in which the petitioner-relator maintains that he is unlawfully held in jail and deprived of his liberty by the respondent Sheriff.

The respondent in his return to the writ of habeas corpus attaches as a part thereof a photostatic copy of indictment No. 27,958-A in which the petitioner and five codefendants named therein are charged in the first three counts with the crime of burglary in the first degree committed on December 31, 1958, contrary to sections 400 and 402 of the Penal Law and in counts *309fourth to seventh inclusive with the crime of attempted…